The family members of the victim in the recent fatal accident in Cheranalloor involving a Mercedes Benz car have moved the Kerala High Court challenging the orders granting bail to the minor accused and refusing to cancel the same.
The accident occurred in the early hours of October 25, when the car allegedly driven by a 17-year-old rammed into the scooter of 55-year-old Jayabalakrishnan.
The Chernalloor Police initially registered a crime incorporating offences under Section 106 BNS initially and the minor/child in conflict with law (CCL) was released on custody bail. Subsequently, the police included Section 105 BNS [culpable homicide not amounting to murder] and produced the minor before the Juvenile Justice Board, which released him on bail. Challenging the JJB order, the State as well as the victim's family members preferred separate appeals before the Children's Court, Ernakulam.
The Children's Court/Additional Sessions Court refused to cancel the bail, finding that that bail is the rule and detention is the exception as per the Juvenile Justice Act and that law requires children allegedly in conflict with law to be released unless the case falls within exceptions provided under Section 12. It was also found that the registration of FIR against the child in conflict with law (CCL) was unwarranted in this case since this was not a "heinous offence" [minimum punishment of 10 years] as per the JJ Act.
Challenging the orders of the JJB and the Children's Court, the victim's family has now approached the High Court.
Last week, the High Court had granted anticipatory bail to the CCL's father, who is a district judge. The police has booked him under Section 105 [Punishment for culpable homicide not amounting to murder] of the Bharatiya Nyaya Sanhita, 2023 read with Sections 181 [Driving vehicles in contravention of section 3 or section 4], 183 [Driving at excessive speed, etc.], and 199A of the Motor Vehicles Act [Offences by juveniles].
Counsel for the petitioners: M.G. Sreejith, Vidyajith M., Sambhu Prasad R., Sanooj P.